Kebijakan Hukum Terhadap Ujaran Kebencian Menurut Hukum Pidana Indonesia

Ridwan, Ridwan (2022) Kebijakan Hukum Terhadap Ujaran Kebencian Menurut Hukum Pidana Indonesia. Masters thesis, Universitas Islam Riau.

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Abstract

Technological advances in the field of communication, namely social media, which makes it easier for people to express opinions, opinions, ideas or ideas. However, this freedom will become a potential control in conflicts and problems if there is no one from someone so as not to overuse their freedom in social networks. Of course, behind the many uses of social media there are also many negative impacts. Among the negative impacts that are definitely visible are that someone will become lazy because they are addicted to social media, he will continue to hold gadgets and play social media so he doesn't care about his real life. The reason for the issuance of SE/06/X/2015 is to provide a firm stance for members of the police in following up on cases of hate speech in Indonesia. General Badrodin Haiti explained that so far many members have been hesitant to distinguish between freedom of speech and those who spread hatred. Even though all of that has formal rules in the law. The main problem in this study is the regulation of criminal acts of hate speech in the current Indonesian criminal law and the regulation of hate speech crimes in Indonesian criminal law in the future.This type of research is included in the normative legal research group. Meanwhile, judging from its nature, this research is descriptive analytical. In Indonesia there are several regulations governing criminal acts related to Hate Speech against a person, group or institution based on the Circular Letter of the Chief of Police Number: SE/06/X/2015 which is contained in the Criminal Code (Article 156, Article 157, Article 310, Article 311), then Article 28 jis. Article 45 paragraph (2) of Law no. 11 of 2008 concerning Information and Electronic Transactions and Article 16 of Law no. 40 of 2008 concerning the Elimination of Racial and Ethnic Discrimination. The ITE Law is said to have not provided a sense of security, justice, and legal certainty in this law, especially for users and providers of Information Technology. This is because law enforcement officers in following up on ITE cases are said to be slow and do not cause a deterrent effect, so there are still many ITE crimes that are troubling the public. the police agency is of the opinion that law enforcement related to IT cannot be completed through the ITE Law. This is because it is proven that many cases are reported with accusations of violating the ITE Law, but instead they become biased. Likewise with the Community Organizations who gave the opinion that the ITE Law has not been able to solve information technology problems, especially those related to the article on defamation. In fact, this article is considered as forcing to silence critics

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